What Is a DNR in Boca Raton, Florida?
December 15, 2024 – Barry D. Siegel, Esq.
Serious health concerns often lead to difficult conversations and important decisions, whether for yourself or a loved one. When facing a terminal illness, advanced age or a chronic condition where resuscitation may cause more harm than good, a Do Not Resuscitate (DNR) provides a clear way to communicate your preferences and ensure they are respected when it matters most.
What is a DNR? A DNR is a broad directive often included in medical records or Advance Directives. In Florida, there is also a Do Not Resuscitate Order (DNRO), a distinct legal document required for pre-hospital emergencies. While both serve to express your wishes about resuscitation, they are used in different contexts and situations.
If you or a loved one resides in Boca Raton, Florida, understanding the difference between a DNR and a DNRO is essential for making informed decisions about your care. This blog will explain what a DNR and DNRO are, how they work and how they can fit into your overall health care planning.
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What Does a DNR Mean in Florida?
A DNR is a directive that communicates your decision not to undergo cardiopulmonary resuscitation (CPR) or advanced resuscitation measures, such as defibrillation or artificial ventilation, if your heart stops beating or you stop breathing. This directive allows you to decline such interventions based on your health condition, personal beliefs or preferences for quality of life.
In Florida, resuscitation preferences must be clearly documented to make certain they are followed in all settings. While a general DNR communicates your wishes within health care facilities, such as hospitals or nursing homes, a DNRO is required for pre-hospital emergencies. Without a DNRO, emergency medical personnel, including paramedics and EMTs, are legally obligated to perform resuscitation, even if your medical records or other directives state otherwise.
What a DNR Covers—and What It Doesn’t
A DNR directive focuses specifically on resuscitation efforts in cases where the heart stops beating or breathing ceases. However, it does not address all aspects of medical care. Here’s a breakdown of what a DNR covers—and what it does not:
What a DNR Covers
- CPR: Includes chest compressions, defibrillation and artificial ventilation.
- Advanced Airway Support: Such as intubation or mechanical ventilation related to resuscitation efforts.
What a DNR Doesn’t Cover
- Other Life-Saving Treatments: Includes interventions like antibiotics, dialysis or feeding tubes, which are not related to resuscitation.
- Pain Management: A DNR does not limit the use of pain relief or palliative care to provide comfort.
- Routine Medical Care: Daily treatments, medications and general health care remain unaffected.
A DNR is specific to resuscitation decisions, so if your preferences extend to other life-sustaining treatments, you may need additional Advance Directives, such as a Living Will or a Health Care Surrogate Designation. These documents can address broader medical decisions to make certain your wishes are respected across various scenarios.
Who Might Consider a DNR?
A DNR is typically considered by individuals who have specific medical conditions, personal values or beliefs about medical intervention. While everyone’s circumstances are unique, the following scenarios often lead someone to establish a DNR:
- Terminal Illnesses: Patients in the advanced stages of terminal illnesses, such as metastatic cancer or degenerative neurological diseases like ALS, may prefer to avoid resuscitation that could prolong suffering without improving quality of life.
- Chronic Health Conditions: Those with severe chronic conditions, such as end-stage heart failure or advanced pulmonary diseases, may choose to decline aggressive resuscitation efforts that could lead to further complications.
- Advanced Age and Frailty: Older adults who feel that resuscitation would significantly reduce their quality of life or lead to prolonged suffering may consider a DNR to align with their preferences.
- Religious or Personal Beliefs: Some individuals prioritize natural death over invasive medical interventions due to their spiritual values or personal philosophy.
Deciding whether to establish a DNR is deeply personal. Having open and honest discussions with your doctor and loved ones is a vital first step to ensure your preferences are understood and respected.
How to Create a Valid DNR
If you’ve decided to establish a DNR or Florida’s legally recognized DNRO, follow these steps to make sure your wishes are documented and respected.
Creating a DNR
- Consult Your Health Care Provider: Talk with your doctor about your preferences for resuscitation and document them as part of your medical records or Advance Directives.
- Incorporate It into Advance Directives: Include your DNR in a Living Will or Health Care Surrogate Designation for consistency across all health care settings.
- Communicate Your Wishes: Inform your loved ones and health care providers of your decision so they can advocate for you if needed.
Creating a DNRO
- Complete Florida Form DH 1896: Use the state-mandated Form 1896, which must be signed by both you (or your health care surrogate) and a licensed physician. In Florida, emergency medical personnel will only follow the directive if all required parties properly sign the DNR.
- Follow the Yellow Paper Requirement: Print the form on yellow paper to ensure it is recognized by emergency personnel. Photocopies or forms on white paper will not be accepted.
- Place It in a Visible Location: Keep the DNRO in an easily accessible spot, such as the refrigerator or bedside, for emergency responders.
- Carry the Wallet Card: Detach the wallet-sized card from the DNRO form and carry it with you to ensure your preferences are known during emergencies outside the home.
- Inform Care Facilities: If you reside in a nursing home or assisted living facility, provide staff with a copy of the DNRO for inclusion in your medical records.
Why Practical Steps Matter
Completing these steps ensures that both health care providers and emergency personnel can follow your wishes without delay or confusion. A general DNR applies within hospital and health care facilities, while the DNRO is essential for pre-hospital emergencies. Having both makes certain that your decisions are respected in all settings.
Legal Requirements and Protections for DNR Orders in Florida
Florida law provides clear guidelines to protect the rights of individuals who choose to create a DNRO. These guidelines address:
- Enforceability: Florida’s Form 1896 must be used for the DNRO to be valid. Without this form, emergency responders are legally obligated to perform resuscitation.
- Pre-Hospital Recognition: EMS providers in Florida are required to honor a valid DNRO during pre-hospital emergencies.
- Cross-State Issues: DNROs from other states may not meet Florida’s legal requirements, such as the mandated yellow form and signatures. If you’re relocating or spending time in Florida, updating your documents to meet state-specific guidelines is essential.
What Happens Without a DNR or DNRO?
If you do not have a DNR in place, medical professionals in health care facilities, such as hospitals or nursing homes, are required to perform life-saving measures, including CPR, defibrillation and artificial ventilation, even if these interventions do not align with your wishes. This could lead to unwanted medical interventions and emotional distress for your loved ones.
Without a valid DNRO, emergency responders, such as paramedics or EMTs, are legally obligated to provide resuscitation during pre-hospital emergencies. This means that, even if your medical records or other Advance Directives indicate your preferences, emergency personnel cannot legally withhold resuscitation unless the DNRO is present and properly completed.
The absence of a DNR or DNRO may result in:
- Prolonged Hospital Stays: Recovery from resuscitation can require extended medical care, especially for individuals with fragile health.
- Invasive Procedures: Procedures like intubation or mechanical ventilation may be initiated, which could cause discomfort or complications.
- Significant Medical Costs: Resuscitation efforts and follow-up care can lead to substantial financial expenses.
- Reduced Quality of Life: For individuals with terminal or chronic conditions, resuscitation may offer little medical benefit and could prolong suffering.
Plan ahead by creating a DNR or DNRO to communicate your wishes clearly, reducing confusion and easing the emotional burden on your loved ones during critical moments.
Dispelling Common Misconceptions About DNRs
Despite their importance, many people hesitate to create a DNR or DNRO due to misconceptions. Let’s address some of the most common myths to provide clarity:
Myth: A DNR Means No Care Will Be Provided
A DNR or DNRO does not mean “do nothing.” You will still receive comfort care, pain relief and other supportive treatments to maintain your comfort and dignity. These directives only apply to resuscitation efforts, such as CPR, defibrillation or mechanical ventilation.
Myth: You Can’t Change a DNR or DNRO Once It’s Signed
Both a DNR and DNRO can be revoked or changed at any time. To revoke a DNR, inform your health care provider and destroy any existing copies. For a DNRO, follow the same steps and make sure emergency personnel and facilities are notified about the change.
Myth: A DNR Replaces a Living Will
While both are types of Advance Directives, they serve distinct purposes. A DNR focuses exclusively on resuscitation efforts, while a Living Will provides guidance on a broader range of medical decisions, such as the use of feeding tubes, dialysis or other life-sustaining treatments.
Myth: A DNRO Is Automatically Included with a DNR
In Florida, a DNRO is a separate legal document. Even if you have a DNR as part of your medical records or Advance Directives, you must complete a DNRO (Form DH 1896) to make certain your wishes are honored in pre-hospital emergencies.
By addressing these misconceptions, you can make informed decisions about your medical care and clearly document and uphold your wishes.
Involving Your Loved Ones in the Process
A DNR is a personal decision, but it’s also one that can affect your family and caregivers. Discussing your wishes openly with loved ones can reduce uncertainty and emotional distress, ensuring they understand and support your decisions. To reduce confusion or conflict, consider involving your loved ones in the process. Discuss your reasons for creating a DNR and explain how it aligns with your values and goals for medical care.
If you’ve appointed a health care surrogate, make sure they fully understand your wishes and are prepared to advocate for them. This proactive communication helps prevent disagreements and provides reassurance to your loved ones during difficult times.
Incorporating a DNR Into Your Advance Directives
A DNR Order is an essential component of Advance Directives, but it addresses only one aspect of end-of-life care. For a truly comprehensive medical plan, it’s important to consider additional Florida Advance Directives and legal documents that work together to reflect your wishes in various scenarios.
Living Will
A Living Will is a type of Advance Directive that outlines your preferences for life-sustaining treatments in situations where you are unable to communicate your wishes. This document complements a DNR by addressing broader interventions such as:
- Feeding tubes for artificial nutrition and hydration
- Dialysis for kidney failure
- Ventilator use if you are unable to breathe on your own
A Living Will gives clear guidance to health care providers and loved ones, helping to avoid confusion and reducing the emotional burden on family members during difficult times.
Health Care Surrogate Designation
Another key component of Advance Directives is the Health Care Surrogate Designation, which allows you to appoint a trusted individual to make medical decisions on your behalf if you become incapacitated. The person you choose, known as your health care surrogate, can:
- Communicate with doctors to understand your medical condition and treatment options
- Advocate for your preferences as outlined in your Living Will or DNR
- Make decisions about medical care not specifically addressed in your other directives
Choosing a health care surrogate is a deeply personal decision. It’s important to select someone who understands your values, is willing to act on your behalf and can handle the responsibility with care.
Durable Power of Attorney
While the Health Care Surrogate Designation focuses on medical decisions, a Durable Power of Attorney (DPOA) is a critical tool for handling legal and financial matters. It complements your medical Advance Directives by focusing on non-medical aspects of your planning, ensuring your financial and legal needs are addressed during incapacity. This document allows your chosen representative to:
- Manage your bank accounts and pay bills
- Handle insurance claims and other financial transactions
- Make real estate decisions, such as selling or maintaining property
- Oversee business operations, if applicable
A DPOA allows your financial affairs to be managed without interruption, even if you’re unable to handle them yourself. By combining a DPOA with your Advance Directives, you can develop a comprehensive plan that addresses all aspects of your care and responsibilities.
HIPAA Authorization
A HIPAA Authorization is an important addition to your Advance Directives. This form allows your health care surrogate or other trusted individuals to access your medical records, which is essential for making informed decisions about your care. Without this authorization, privacy laws could prevent even your closest family members from obtaining critical medical information.
How These Documents Work Together
When combined, these documents create a cohesive plan that addresses your medical, legal and financial needs. For example:
- A DNR and DNRO specify that resuscitation efforts are withheld based on your wishes
- A Living Will outlines your preferences for broader life-sustaining treatments
- A Health Care Surrogate can advocate for you and make decisions in real time, using your directives as a guide
- A Durable Power of Attorney and HIPAA Authorization protect your legal and financial interests while granting your representative access to essential information
Why Work With Boca Raton, Florida Estate Planning Lawyers?
While it’s possible to create some of these documents on your own, there are significant advantages to working with an Estate Planning lawyer. They provide the knowledge and perspective needed to handle the complexities of Florida law and make sure your wishes are properly documented and enforceable. Here’s how Boca Raton, Florida Estate Planning lawyers can enhance your Estate Planning:
Tailoring Your Documents to Florida’s Legal Requirements
Florida has specific laws governing documents like DNROs, Living Wills, Health Care Surrogate Designations and Durable Powers of Attorney. An attorney can:
- Draft documents that comply with Florida statutes, making them legally binding
- Include all required language and provisions to address nuances in state law, such as rules for health care surrogates or the enforceability of advance directives
- Verify that your DNRO is completed correctly, including the use of yellow paper as required by Florida law, to prevent issues during emergencies
Integrating All Your Documents Seamlessly
An Estate Plan involves multiple documents that must work together without conflict. An attorney can:
- Review your existing documents to find and resolve inconsistencies that could create confusion or disputes.
- Draft new documents that reflect your current wishes and circumstances while aligning with your overall plan.
- Coordinate provisions in your Living Will, DNR and Health Care Surrogate Designation to make your wishes clear to health care providers and loved ones.
- Clarify the roles and responsibilities for financial representatives named in your Durable Power of Attorney.
Providing Long-Term Guidance and Updates
Estate Planning isn’t a one-time task—it needs to evolve as your life changes. An attorney can:
- Revisit your plan periodically to confirm it remains aligned with your goals, family situation and any updates to Florida law.
- Modify your documents after major life events, such as marriage, divorce, the birth of a child or acquiring new assets.
- Act as a resource for your family, offering clarity and guidance during emotionally difficult times.
Reducing Stress for You and Your Loved Ones
One of the most valuable benefits of working with an Estate Planning attorney is peace of mind. With a properly structured plan, you can avoid legal complications and protect your family from the uncertainty and stress of managing your affairs without clear instructions. By partnering with an attorney, you can feel confident that your plan is thorough and thoughtfully designed, allowing you to focus on your health, your family and your long-term goals.
Comprehensive medical planning is about more than preparing for the worst—it’s about giving yourself and your loved ones clarity and confidence during uncertain times. By addressing each aspect of your care, you can create a plan that reflects your values and protects your interests.
PROTECT WHAT MATTERS with The Siegel Law Group
At The Siegel Law Group, we understand the importance of creating clear and legally sound Advance Directives, including a DNR and DNRO, to protect your wishes and ease the burden on your loved ones.
Our compassionate Boca Raton, Florida Estate Planning lawyers bring over 100 years of combined experience in Estate Planning and Advance Directives, helping individuals and families deal with these sensitive decisions with clarity and care. Whether you need a DNR, a Living Will or a complete medical and legal plan, we are here to provide personalized guidance that aligns with your values and Florida law.
Take the first step toward peace of mind today. Call The Siegel Law Group at (561) 955-8515(561) 955-8515 or fill out our confidential online form to schedule your complimentary consultation. We’ll take the time to listen to your concerns, explain your options and help you create a plan that honors your wishes and supports your loved ones.
While you wait for your consultation, we invite you to download our FREE E-book, “7 Steps to Make Sure Your Estate Plan is in Order.”
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Copyright © 2024. The Siegel Law Group, P.A. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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Boca Raton, FL 33431
(561) 955-8515(561) 955-8515
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